A.__The entity in possession of the name consents to the use in writing and submits an undertaking in a form satisfactory to the Secretary of State as provided in sections 104 and 106 or as provided in the applicable law for that entity to change its name to a name that is distinguishable on the records of the Secretary of State from the name of the applicant; or

B.__The applicant delivers to the Secretary of State a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.

5.__Use of another corporation's name.__A corporation may use the name, including the assumed or fictitious name, of another domestic or foreign corporation that is used in this State if the other corporation is incorporated or authorized to transact business in this State and the corporation proposing to use the name:

A.__Has merged with the other corporation;

B.__Has been formed by reorganization of the other corporation; or

C.__Has acquired all or substantially all of the assets, including the corporate name, of the other corporation.

6.__Determining distinguishability. In determining whether names are distinguishable on the records, the Secretary of State shall disregard the following:

A.__The words or abbreviations of words that describe the nature of the entity, including "professional association," "corporation," "company," "incorporated," "chartered," "limited," "limited partnership," "limited liability company," "professional limited liability company," "limited liability partnership,"__"registered limited liability partnership," "service corporation" and "professional corporation";

B.__The presence or absence of the words or symbols of the words "and" and "the"; and

C.__The differences in the use of punctuation, capitalization or special characters.